International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Cancellation of private bonded warehouse licences and MOOWR permission under s.58B was challenged on the ground that the Commissioner lacked statutory power absent any contravention by the licensee. The Tribunal held that after the Finance Act, 2016, a licence issued under s.58 cannot be cancelled merely because the Commissioner later considers it wrongly granted; cancellation under s.58B is permissible only upon violation of the Customs Act, Rules, or licence conditions. Since no breach was alleged or established, the cancellations were without jurisdiction. It was further held that neither the Act nor MOOWR, 2019 empowers the Commissioner to restrict warehousing based on the nature of goods beyond compliance with ss.59-60. The impugned orders were set aside and the appeal was allowed. - CESTAT
Cancellation of private bonded warehouse licences and MOOWR permission under s.58B was challenged on the ground that the Commissioner lacked statutory power absent any contravention by the licensee. The Tribunal held that after the Finance Act, 2016, a licence issued under s.58 cannot be cancelled merely because the Commissioner later considers it wrongly granted; cancellation under s.58B is permissible only upon violation of the Customs Act, Rules, or licence conditions. Since no breach was alleged or established, the cancellations were without jurisdiction. It was further held that neither the Act nor MOOWR, 2019 empowers the Commissioner to restrict warehousing based on the nature of goods beyond compliance with ss.59-60. The impugned orders were set aside and the appeal was allowed. - CESTAT
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